246 Pa. Code Rule 318. Informing Plaintiff of Notice of Intention to Defend.

Rule 318. Informing Plaintiff of Notice of Intention to Defend.

If the defendant gives the magisterial district court notice of intention to defend in accordance with Pa.R.Civ.P.M.D.J. 305(d), the magisterial district court shall promptly give the plaintiff written notice that the defendant intends to enter a defense.

Comment:

   The defendant may give the court notice of intention to defend by using the form provided to the defendant pursuant to Pa.R.Civ.P.M.D.J. 305(e) or by a signed statement identical in content. See Pa.R.Civ.P.M.D.J. 305(e), cmt. (pertaining to the form notice provided to the defendant for his or her convenience). Entries on the docket will show that the defendant gave notice of intention to defend and that the magisterial district court gave written notice to the plaintiff.

Historical Commentary

   The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

EXPLANATORY COMMENT—1992

   Rule 318 recognizes that a Notice of Intent to Defend form will be generated by the District Justice Automation Project. Correspondingly, the Note maintains the same procedure for recording that either the plaintiff or his attorney of record was notified of the defendant’s intent to defend and requires an acknowledgment that the Notice of Intent to Defend form was used.

Source

   The provisions of this Rule 318 amended November 21, 1975, 5 Pa.B. 3020; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955; amended April 25, 2024, effective January 1, 2025, 54 Pa.B. 2482. Immediately preceding text appears at serial page (392325).

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